RCW 28A.705.010
Compact provisions.
ARTICLE I
PURPOSE
It is the purpose of this compact to remove barriers to
educational success imposed on children of military families
because of frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of
military families and ensuring that they are not placed at a
disadvantage due to difficulty in the transfer of education
records from the previous school districts or variations in
entrance and age requirements;
B. Facilitating the student placement process through which
children of military families are not disadvantaged by variations
in attendance requirements, scheduling, sequencing, grading,
course content, or assessment;
C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in
extracurricular academic, athletic, and social activities;
D. Facilitating the on-time graduation of children of
military families;
E. Providing for the promulgation and enforcement of
administrative rules implementing the provisions of this compact;
F. Providing for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact;
G. Promoting coordination between this compact and other
compacts affecting military children; and
H. Promoting flexibility and cooperation between the
educational system, parents, and the student in order to achieve
educational success for the student.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires
a different construction:
A. "Active duty" means full-time duty status in the active
uniformed service of the United States, including members of the
national guard and reserve on active duty orders pursuant to 10
U.S.C. Secs. 1209 and 1211.
B. "Children of military families" means school-aged
children, enrolled in kindergarten through twelfth grade, in the
household of an active duty member.
C. "Compact commissioner" means the voting representative
of each compacting state appointed pursuant to Article VIII of
this compact.
D. "Deployment" means the period one month prior to the
service members' departure from their home station on military
orders through six months after return to their home station.
E. "Education records" or "educational records" means those
official records, files, and data directly related to a student
and maintained by the school or local education agency, including
but not limited to, records encompassing all the material kept in
the student's cumulative folder such as general identifying data,
records of attendance and of academic work completed, records of
achievement and results of evaluative tests, health data,
disciplinary status, test protocols, and individualized education
programs.
F. "Extracurricular activities" means a voluntary activity
sponsored by the school or local education agency or an
organization sanctioned by the local education agency.
Extracurricular activities include, but are not limited to,
preparation for and involvement in public performances, contests,
athletic competitions, demonstrations, displays, and club
activities.
G. "Interstate commission on educational opportunity for
military children" means the commission that is created under
Article IX of this compact, which is generally referred to as the
interstate commission.
H. "Local education agency" means a public authority
legally constituted by the state as an administrative agency to
provide control of and direction for kindergarten through twelfth
grade public educational institutions.
I. "Member state" means a state that has enacted this
compact.
J. "Military installation" means a base, camp, post,
station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the United States department
of defense, including any leased facility, which is located
within any of the several states, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, the Northern Marianas Islands, and any other U.S.
territory. Such term does not include any facility used
primarily for civil works, rivers and harbors projects, or flood
control projects.
K. "Nonmember state" means a state that has not enacted
this compact.
L. "Receiving state" means the state to which a child of a
military family is sent, brought, or caused to be sent or
brought.
M. "Rule" means a written statement by the interstate
commission promulgated pursuant to Article XII of this compact
that is of general applicability, implements, interprets, or
prescribes a policy or provision of the compact, or an
organizational, procedural, or practice requirement of the
interstate commission, and has the force and effect of statutory
law in a member state, and includes the amendment, repeal, or
suspension of an existing rule.
N. "Sending state" means the state from which a child of a
military family is sent, brought, or caused to be sent or
brought.
O. "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, the Northern Marianas Islands, and
any other U.S. territory.
P. "Student" means the child of a military family for whom
the local education agency receives public funding and who is
formally enrolled in kindergarten through twelfth grade.
Q. "Transition" means: (1) The formal and physical process
of transferring from school to school; or (2) the period of time
in which a student moves from one school in the sending state to
another school in the receiving state.
R. "Uniformed services" means the army, navy, air force,
marine corps, and coast guard, as well as the commissioned corps
of the national oceanic and atmospheric administration, and
public health services.
S. "Veteran" means a person who served in the uniformed
services and who was discharged or released therefrom under
conditions other than dishonorable.
ARTICLE III
APPLICABILITY
A. Except as otherwise provided in section B of this
article, this compact shall apply to the children of:
1. Active duty members of the uniformed services as defined
in this compact, including members of the national guard and
reserve on active duty orders pursuant to 10 U.S.C. Secs. 1209
and 1211;
2. Members or veterans of the uniformed services who are
severely injured and medically discharged or retired for a period
of one year after medical discharge or retirement; and
3. Members of the uniformed services who die on active duty
or as a result of injuries sustained on active duty for a period
of one year after death.
B. The provisions of this interstate compact shall only
apply to local education agencies as defined in this compact.
C. The provisions of this compact shall not apply to the
children of:
1. Inactive members of the national guard and military
reserves;
2. Members of the uniformed services now retired, except as
provided in section A of this article;
3. Veterans of the uniformed services, except as provided
in section A of this article; and
4. Other U.S. department of defense personnel and other
federal agency civilian and contract employees not defined as
active duty members of the uniformed services.
ARTICLE IV
EDUCATIONAL RECORDS AND ENROLLMENT
A. Unofficial or "hand-carried" education records – In the
event that official education records cannot be released to the
parents for the purpose of transfer, the custodian of the records
in the sending state shall prepare and furnish to the parent a
complete set of unofficial educational records containing uniform
information as determined by the interstate commission. Upon
receipt of the unofficial education records by a school in the
receiving state, the school shall enroll and appropriately place
the student based on the information provided in the unofficial
records pending validation by the official records, as quickly as
possible.
B. Official education records and transcripts -Simultaneous
with the enrollment and conditional placement of the student, the
school in the receiving state shall request the student's
official education record from the school in the sending state.
Upon receipt of this request, the school in the sending state
will process and furnish the official education records to the
school in the receiving state within ten days or within such time
as is reasonably determined under the rules promulgated by the
interstate commission. However, if the student has an unpaid
fine at a public school or unpaid tuition, fees, or fines at a
private school, then the sending school shall send the
information requested but may withhold the official transcript
until the monetary obligation is met.
C. Immunizations – On or before the first day of
attendance, the parent or guardian must meet the immunization
documentation requirements of the Washington board of health.
Compacting states shall give thirty days from the date of
enrollment or within such time as is reasonably determined under
the rules promulgated by the interstate commission, for students
to obtain any immunizations required by the receiving state. For
a series of immunizations, initial vaccinations must be obtained
within thirty days or within such time as is reasonably
determined under the rules promulgated by the interstate
commission.
D. Kindergarten and first grade entrance age – Students
shall be allowed to continue their enrollment at grade level in
the receiving state commensurate with their grade level
(including kindergarten) from a local education agency in the
sending state at the time of transition, regardless of age. A
student who has satisfactorily completed the prerequisite grade
level in the local education agency in the sending state shall be
eligible for enrollment in the next highest grade level in the
receiving state, regardless of age. A student transferring after
the start of the school year in the receiving state shall enter
the school in the receiving state on his or her validated level
from an accredited school in the sending state.
ARTICLE V
PLACEMENT AND ATTENDANCE
A. Course placement - When the student transfers before or
during the school year, the receiving state school shall
initially honor placement of the student in educational courses
based on the student's enrollment in the sending state school
and/or educational assessments conducted at the school in the
sending state if the courses are offered and if space is
available, as determined by the school district. Course
placement includes but is not limited to honors, international
baccalaureate, advanced placement, vocational, technical, and
career pathways courses. Continuing the student's academic
program from the previous school and promoting placement in
academically and career challenging courses should be paramount
when considering placement. This does not preclude the school in
the receiving state from performing subsequent evaluations to
ensure appropriate placement and continued enrollment of the
student in the courses.
B. Educational program placement – The receiving state
school shall initially honor placement of the student in
educational programs based on current educational assessments
conducted at the school in the sending state or participation and
placement in like programs in the sending state and if space is
available, as determined by the school district. Such programs
include, but are not limited to: (1) Gifted and talented
programs; and (2) English as a second language (ESL). This does
not preclude the school in the receiving state from performing
subsequent evaluations to ensure appropriate placement of the
student.
C. Special education services – (1) In compliance with the
federal requirements of the Individuals with Disabilities
Education Act (IDEA), 20 U.S.C. Sec. 1400 et seq., the receiving
state shall initially provide comparable services to a student
with disabilities based on his or her current Individualized
Education Program (IEP); and (2) in compliance with the
requirements of section 504 of the rehabilitation act, 29 U.S.C.
Sec. 794, and with Title II of the Americans with disabilities
act, 42 U.S.C. Secs. 12131-12165, the receiving state shall make
reasonable accommodations and modifications to address the needs
of incoming students with disabilities, subject to an existing
504 or Title II plan, to provide the student with equal access to
education. This does not preclude the school in the receiving
state from performing subsequent evaluations to ensure
appropriate placement of the student.
D. Placement flexibility – Local education agency
administrative officials shall have flexibility in waiving course
and program prerequisites, or other preconditions for placement
in courses and programs offered under the jurisdiction of the
local education agency.
E. Absence as related to deployment activities – A student
whose parent or legal guardian is an active duty member of the
uniformed services, as defined by this compact, and has been
called to duty for, is on leave from, or immediately returned
from deployment to a combat zone or combat support posting, shall
be granted additional excused absences at the discretion of the
local education agency superintendent to visit with his or her
parent or legal guardian relative to such leave or deployment of
the parent or guardian.
ARTICLE VI
ELIGIBILITY
A. Eligibility for enrollment
1. Special power of attorney, relative to the guardianship
of a child of a military family and executed under applicable law
shall be sufficient for the purposes of enrollment and all other
actions requiring parental participation and consent.
2. A local education agency shall be prohibited from
charging local tuition to a transitioning military child placed
in the care of a noncustodial parent or other person standing in
loco parentis who lives in a jurisdiction other than that of the
custodial parent.
3. A transitioning military child, placed in the care of a
noncustodial parent or other person standing in loco parentis who
lives in a jurisdiction other than that of the custodial parent,
may continue to attend the school in which he or she was enrolled
while residing with the custodial parent.
B. Eligibility for extracurricular participation - Under
RCW 28A.225.280, the Washington interscholastic activities
association and local education agencies shall facilitate the
opportunity for transitioning military children's inclusion in
extracurricular activities, regardless of application deadlines,
to the extent they are otherwise qualified and space is
available, as determined by the school district.
ARTICLE VII
GRADUATION
In order to facilitate the on-time graduation of children of
military families, states and local education agencies shall
incorporate the following procedures:
A. Waiver requirements – Local education agency
administrative officials shall waive specific courses required
for graduation if similar coursework has been satisfactorily
completed in another local education agency or shall provide
reasonable justification for denial. Should a waiver not be
granted to a student who would qualify to graduate from the
sending school, the local education agency shall use best efforts
to provide an alternative means of acquiring required coursework
so that graduation may occur on time.
B. Exit exams - For students entering high school in
eleventh or twelfth grade, states shall accept: (1) Exit or
end-of-course exams required for graduation from the sending
state; or (2) national norm-referenced achievement tests; or (3)
alternative testing, in lieu of testing requirements for
graduation in the receiving state. In the event the above
alternatives cannot be accommodated by the receiving state for a
student transferring in his or her senior year, then the
provisions of section C of this article shall apply.
C. Transfers during senior year – Should a military student
transferring at the beginning or during his or her senior year be
ineligible to graduate from the receiving local education agency
after all alternatives have been considered, the sending and
receiving local education agencies shall ensure the receipt of a
diploma from the sending local education agency, if the student
meets the graduation requirements of the sending local education
agency. In the event that one of the states in question is not a
member of this compact, the member state shall use best efforts
to facilitate the on-time graduation of the student in accordance
with sections A and B of this article.
ARTICLE VIII
STATE COORDINATION
A. Each member state shall, through the creation of a state
council or use of an existing body or board, provide for the
coordination among its agencies of government, local education
agencies, and military installations concerning the state's
participation in, and compliance with, this compact and
interstate commission activities. While each member state may
determine the membership of its own state council, its membership
must include at least: The state superintendent of public
instruction, a superintendent of a school district with a high
concentration of military children, a representative from a
military installation, one representative each from the
legislative and executive branches of government, and other
offices and stakeholder groups the state council deems
appropriate. A member state that does not have a school district
deemed to contain a high concentration of military children may
appoint a superintendent from another school district to
represent local education agencies on the state council.
B. The state council of each member state shall appoint or
designate a military family education liaison to assist military
families and the state in facilitating the implementation of this
compact.
C. The compact commissioner responsible for the
administration and management of the state's participation in the
compact shall be appointed by the governor or as otherwise
determined by each member state. The governor is strongly
encouraged to appoint a practicing K-12 educator as the compact
commissioner.
D. The compact commissioner and the military family
education liaison designated herein shall be ex officio members
of the state council, unless either is already a full voting
member of the state council.
ARTICLE IX
INTERSTATE COMMISSION ON EDUCATIONAL
OPPORTUNITY FOR MILITARY CHILDREN
The member states hereby create the "interstate commission
on educational opportunity for military children." The
activities of the interstate commission are the formation of
public policy and are a discretionary state function. The
interstate commission shall:
A. Be a body corporate and joint agency of the member
states and shall have all the responsibilities, powers, and
duties set forth herein, and such additional powers as may be
conferred upon it by a subsequent concurrent action of the
respective legislatures of the member states in accordance with
the terms of this compact;
B. Consist of one interstate commission voting
representative from each member state who shall be that state's
compact commissioner.
1. Each member state represented at a meeting of the
interstate commission is entitled to one vote.
2. A majority of the total member states shall constitute a
quorum for the transaction of business, unless a larger quorum is
required by the bylaws of the interstate commission.
3. A representative shall not delegate a vote to another
member state. In the event the compact commissioner is unable to
attend a meeting of the interstate commission, the governor or
state council may delegate voting authority to another person
from their state for a specified meeting.
4. The bylaws may provide for meetings of the interstate
commission to be conducted by telecommunication or electronic
communication;
C. Consist of ex officio, nonvoting representatives who are
members of interested organizations. Such ex officio members, as
defined in the bylaws, may include but not be limited to, members
of the representative organizations of military family advocates,
local education agency officials, parent and teacher groups, the
U.S. department of defense, the education commission of the
states, the interstate agreement on the qualification of
educational personnel, and other interstate compacts affecting
the education of children of military members;
D. Meet at least once each calendar year. The chairperson
may call additional meetings and, upon the request of a simple
majority of the member states, shall call additional meetings;
E. Establish an executive committee, whose members shall
include the officers of the interstate commission and such other
members of the interstate commission as determined by the bylaws.
Members of the executive committee shall serve a one-year term.
Members of the executive committee shall be entitled to one vote
each. The executive committee shall have the power to act on
behalf of the interstate commission, with the exception of rule
making, during periods when the interstate commission is not in
session. The executive committee shall oversee the day-to-day
activities of the administration of the compact including
enforcement and compliance with the provisions of the compact,
its bylaws and rules, and other such duties as deemed necessary.
The U.S. department of defense shall serve as an ex officio,
nonvoting member of the executive committee;
F. Establish bylaws and rules that provide for conditions
and procedures under which the interstate commission shall make
its information and official records available to the public for
inspection or copying. The interstate commission may exempt from
disclosure information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests;
G. Give public notice of all meetings and all meetings
shall be open to the public, except as set forth in the rules or
as otherwise provided in the compact. The interstate commission
and its committees may close a meeting, or portion thereof, where
it determines by two-thirds vote that an open meeting would be
likely to:
1. Relate solely to the interstate commission's internal
personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure
by federal and state statute;
3. Disclose trade secrets or commercial or financial
information which is privileged or confidential;
4. Involve accusing a person of a crime, or formally
censuring a person;
5. Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
6. Disclose investigative records compiled for law
enforcement purposes; or
7. Specifically relate to the interstate commission's
participation in a civil action or other legal proceeding;
H. Cause its legal counsel or designee to certify that a
meeting may be closed and shall reference each relevant
exemptible provision for any meeting, or portion of a meeting,
which is closed pursuant to this provision. The interstate
commission shall keep minutes which shall fully and clearly
describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons
therefor, including a description of the views expressed and the
record of a roll call vote. All documents considered in
connection with an action shall be identified in such minutes.
All minutes and documents of a closed meeting shall remain under
seal, subject to release by a majority vote of the interstate
commission;
I. Collect standardized data concerning the educational
transition of the children of military families under this
compact as directed through its rules which shall specify the
data to be collected, the means of collection, and data exchange
and reporting requirements. Such methods of data collection,
exchange, and reporting shall, in so far as is reasonably
possible, conform to current technology and coordinate its
information functions with the appropriate custodian of records
as identified in the bylaws and rules;
J. Create a process that permits military officials,
education officials, and parents to inform the interstate
commission if and when there are alleged violations of the
compact or its rules or when issues subject to the jurisdiction
of the compact or its rules are not addressed by the state or
local education agency. This section shall not be construed to
create a private right of action against the interstate
commission or any member state.
ARTICLE X
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
A. To provide for dispute resolution among member states;
B. To promulgate rules and take all necessary actions to
effect the goals, purposes, and obligations as enumerated in this
compact. The rules shall have the force and effect of statutory
law and shall be binding in the compact states to the extent and
in the manner provided in this compact;
C. To issue, upon request of a member state, advisory
opinions concerning the meaning or interpretation of the
interstate compact, its bylaws, rules, and actions;
D. To enforce compliance with the compact provisions, the
rules promulgated by the interstate commission, and the bylaws,
using all necessary and proper means, including but not limited
to the use of judicial process;
E. To establish and maintain offices which shall be located
within one or more of the member states;
F. To purchase and maintain insurance and bonds;
G. To borrow, accept, hire, or contract for services of
personnel;
H. To establish and appoint committees including, but not
limited to, an executive committee as required by Article IX,
section E of this compact, which shall have the power to act on
behalf of the interstate commission in carrying out its powers
and duties hereunder;
I. To elect or appoint such officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define
their duties, and determine their qualifications; and to
establish the interstate commission's personnel policies and
programs relating to conflicts of interest, rates of
compensation, and qualifications of personnel;
J. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it;
K. To lease, purchase, accept contributions or donations
of, or otherwise to own, hold, improve, or use any property,
real, personal, or mixed;
L. To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal, or
mixed;
M. To establish a budget and make expenditures;
N. To adopt a seal and bylaws governing the management and
operation of the interstate commission;
O. To report annually to the legislatures, governors,
judiciary, and state councils of the member states concerning the
activities of the interstate commission during the preceding
year. Such reports shall also include any recommendations that
may have been adopted by the interstate commission;
P. To coordinate education, training, and public awareness
regarding the compact, its implementation, and operation for
officials and parents involved in such activity;
Q. To establish uniform standards for the reporting,
collecting, and exchanging of data;
R. To maintain corporate books and records in accordance
with the bylaws;
S. To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact; and
T. To provide for the uniform collection and sharing of
information between and among member states, schools, and
military families under this compact.
ARTICLE XI
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The interstate commission shall, by a majority of the
members present and voting, within twelve months after the first
interstate commission meeting, adopt bylaws to govern its conduct
as may be necessary or appropriate to carry out the purposes of
the compact, including, but not limited to:
1. Establishing the fiscal year of the interstate
commission;
2. Establishing an executive committee, and such other
committees as may be necessary;
3. Providing for the establishment of committees and for
governing any general or specific delegation of authority or
function of the interstate commission;
4. Providing reasonable procedures for calling and
conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
5. Establishing the titles and responsibilities of the
officers and staff of the interstate commission;
6. Providing a mechanism for concluding the operations of
the interstate commission and the return of surplus funds that
may exist upon the termination of the compact after the payment
and reserving of all of its debts and obligations; and
7. Providing "start up" rules for initial administration of
the compact.
B. The interstate commission shall, by a majority of the
members, elect annually from among its members a chairperson, a
vice-chairperson, and a treasurer, each of whom shall have such
authority and duties as may be specified in the bylaws. The
chairperson or, in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the interstate
commission. The officers so elected shall serve without
compensation or remuneration from the interstate commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for ordinary and necessary costs and
expenses incurred by them in the performance of their
responsibilities as officers of the interstate commission.
C. Executive committee, officers, and personnel
1. The executive committee shall have such authority and
duties as may be set forth in the bylaws, including but not
limited to:
a. Managing the affairs of the interstate commission in a
manner consistent with the bylaws and purposes of the interstate
commission;
b. Overseeing an organizational structure within, and
appropriate procedures for the interstate commission to provide
for the creation of rules, operating procedures, and
administrative and technical support functions; and
c. Planning, implementing, and coordinating communications
and activities with other state, federal, and local government
organizations in order to advance the goals of the interstate
commission.
2. The executive committee may, subject to the approval of
the interstate commission, appoint or retain an executive
director for such period, upon such terms and conditions and for
such compensation, as the interstate commission may deem
appropriate. The executive director shall serve as secretary to
the interstate commission, but shall not be a member of the
interstate commission. The executive director shall hire and
supervise such other persons as may be authorized by the
interstate commission.
D. The interstate commission's executive director and its
employees shall be immune from suit and liability, either
personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil
liability caused or arising out of or relating to an actual or
alleged act, error, or omission that occurred, or that such
person had a reasonable basis for believing occurred, within the
scope of interstate commission employment, duties, or
responsibilities; provided, that such person shall not be
protected from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton
misconduct of such person.
1. The liability of the interstate commission's executive
director and employees or interstate commission representatives,
acting within the scope of such person's employment or duties for
acts, errors, or omissions occurring within such person's state
may not exceed the limits of liability set forth under the
Constitution and laws of that state for state officials,
employees, and agents. The interstate commission is considered
to be an instrumentality of the states for the purposes of any
such action. Nothing in this subsection shall be construed to
protect such person from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and
wanton misconduct of such person.
2. The interstate commission shall defend the executive
director and its employees and, subject to the approval of the
attorney general or other appropriate legal counsel of the member
state represented by an interstate commission representative,
shall defend such interstate commission representative in any
civil action seeking to impose liability arising out of an actual
or alleged act, error, or omission that occurred within the scope
of interstate commission employment, duties, or responsibilities,
or that the defendant had a reasonable basis for believing
occurred within the scope of interstate commission employment,
duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, member
state, or the interstate commission, the representatives or
employees of the interstate commission shall be held harmless in
the amount of a settlement or judgment, including attorneys' fees
and costs, obtained against such persons arising out of an actual
or alleged act, error, or omission that occurred within the scope
of interstate commission employment, duties, or responsibilities,
or that such persons had a reasonable basis for believing
occurred within the scope of interstate commission employment,
duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such persons.
ARTICLE XII
RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. Rule-making authority - The interstate commission shall
promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of this compact.
Notwithstanding the foregoing, in the event the interstate
commission exercises its rule-making authority in a manner that
is beyond the scope of the purposes of this compact, or the
powers granted hereunder, then such an action by the interstate
commission shall be invalid and have no force or effect.
B. Rule-making procedure - Rules shall be made pursuant to
a rule-making process that substantially conforms to the "model
state administrative procedure act," of 1981, Uniform Laws
Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate
to the operations of the interstate commission.
C. Not later than thirty days after a rule is promulgated,
any person may file a petition for judicial review of the rule;
provided, that the filing of such a petition shall not stay or
otherwise prevent the rule from becoming effective unless the
court finds that the petitioner has a substantial likelihood of
success. The court shall give deference to the actions of the
interstate commission consistent with applicable law and shall
not find the rule to be unlawful if the rule represents a
reasonable exercise of the interstate commission's authority.
D. If a majority of the legislatures of the compacting
states rejects a rule by enactment of a statute or resolution in
the same manner used to adopt the compact, then such rule shall
have no further force and effect in any compacting state.
ARTICLE XIII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
A. Oversight
1. The executive, legislative, and judicial branches of
state government in each member state shall enforce this compact
and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The provisions of
this compact and the rules promulgated hereunder shall have
standing as statutory law.
2. All courts shall take judicial notice of the compact and
the rules in any judicial or administrative proceeding in a
member state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the
interstate commission.
3. The interstate commission shall be entitled to receive
all service of process in any such proceeding, and shall have
standing to intervene in the proceeding for all purposes.
Failure to provide service of process to the interstate
commission shall render a judgment or order void as to the
interstate commission, this compact, or promulgated rules.
B. Default, technical assistance, suspension, and
termination - If the interstate commission determines that a
member state has defaulted in the performance of its obligations
or responsibilities under this compact, or the bylaws or
promulgated rules, the interstate commission shall:
1. Provide written notice to the defaulting state and other
member states of the nature of the default, the means of curing
the default, and any action taken by the interstate commission.
The interstate commission shall specify the conditions by which
the defaulting state must cure its default;
2. Provide remedial training and specific technical
assistance regarding the default;
3. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact upon an
affirmative vote of a majority of the member states and all
rights, privileges, and benefits conferred by this compact shall
be terminated from the effective date of termination. A cure of
the default does not relieve the offending state of obligations
or liabilities incurred during the period of the default;
4. Suspension or termination of membership in the compact
shall be imposed only after all other means of securing
compliance have been exhausted. Notice of intent to suspend or
terminate shall be given by the interstate commission to the
governor, the majority and minority leaders of the defaulting
state's legislature, and each of the member states;
5. The state which has been suspended or terminated is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of suspension or termination
including obligations the performance of which extends beyond the
effective date of suspension or termination;
6. The interstate commission shall not bear any costs
relating to any state that has been found to be in default or
which has been suspended or terminated from the compact, unless
otherwise mutually agreed upon in writing between the interstate
commission and the defaulting state;
7. The defaulting state may appeal the action of the
interstate commission by petitioning the U.S. District Court for
the District of Columbia or the federal district where the
interstate commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation including
reasonable attorneys' fees.
C. Dispute Resolution
1. The interstate commission shall attempt, upon the
request of a member state, to resolve disputes which are subject
to the compact and which may arise among member states and
between member and nonmember states.
2. The interstate commission shall promulgate a rule
providing for both mediation and binding dispute resolution for
disputes as appropriate.
D. Enforcement
1. The interstate commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of this
compact.
2. The interstate commission, may by majority vote of the
members, initiate legal action in the United State[s] District
Court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the
interstate commission has its principal offices, to enforce
compliance with the provisions of the compact, and its
promulgated rules and bylaws, against a member state in default.
The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary the prevailing
party shall be awarded all costs of such litigation including
reasonable attorneys' fees.
3. The remedies herein shall not be the exclusive remedies
of the interstate commission. The interstate commission may
avail itself of any other remedies available under state law or
the regulation of a profession.
ARTICLE XIV
FINANCING OF THE INTERSTATE COMMISSION
A. The interstate commission shall pay, or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The interstate commission may levy on and collect an
annual assessment from each member state to cover the cost of the
operations and activities of the interstate commission and its
staff which must be in a total amount sufficient to cover the
interstate commission's annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon
a formula to be determined by the interstate commission, which
shall promulgate a rule binding upon all member states.
C. The interstate commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the same;
nor shall the interstate commission pledge the credit of any of
the member states, except by and with the authority of the member
state.
D. The interstate commission shall keep accurate accounts
of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject to
the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the
interstate commission shall be audited yearly by a certified or
licensed public accountant and the report of the audit shall be
included in and become part of the annual report of the
interstate commission.
ARTICLE XV
MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than ten
of the states. The effective date shall be no earlier than
December 1, 2007.
Thereafter it shall become effective and binding as to any
other member state upon enactment of the compact into law by that
state. The governors of nonmember states or their designees
shall be invited to participate in the activities of the
interstate commission on a nonvoting basis prior to adoption of
the compact by all states.
C. The interstate commission may propose amendments to the
compact for enactment by the member states. No amendment shall
become effective and binding upon the interstate commission and
the member states unless and until it is enacted into law by
unanimous consent of the member states.
ARTICLE XVI
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and
remain binding upon each and every member state; provided that a
member state may withdraw from the compact by specifically
repealing the statute, which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment
of a statute repealing the same, but shall not take effect until
one year after the effective date of such statute and until
written notice of the withdrawal has been given by the
withdrawing state to the governor of each other member
jurisdiction.
3. The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The interstate commission shall notify the
other member states of the withdrawing state's intent to withdraw
within sixty days of its receipt thereof.
4. The withdrawing state is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of
withdrawal.
5. Reinstatement following withdrawal of a member state
shall occur upon the withdrawing state reenacting the compact or
upon such later date as determined by the interstate commission.
B. Dissolution of compact
1. This compact shall dissolve effective upon the date of
the withdrawal or default of the member state which reduces the
membership in the compact to one member state.
2. Upon the dissolution of this compact, the compact
becomes null and void and shall be of no further force or effect,
and the business and affairs of the interstate commission shall
be concluded and surplus funds shall be distributed in accordance
with the bylaws.
ARTICLE XVII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and
if any phrase, clause, sentence, or provision is deemed
unenforceable, the remaining provisions of the compact shall be
enforceable.
B. The provisions of this compact shall be liberally
construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit
the applicability of other interstate compacts to which the
states are members.
ARTICLE XVIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other laws
1. Nothing herein prevents the enforcement of any other law
of a member state that is not inconsistent with this compact.
2. All member states' laws conflicting with this compact
are superseded to the extent of the conflict.
B. Binding effect of the compact
1. All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the member states.
2. All agreements between the interstate commission and the
member states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member
state, such provision shall be ineffective to the extent of the
conflict with the constitutional provision in question in that
member state.[2009 c 380 § 1.]